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for the importation, together with the principal place of business in the United States of such person. In addition, but not in lieu thereof, there may be stated the name and principal place of business of the foreign manufacturer, producer, blender, rectifier, maker, bottler, packer, or shipper, preceded by the phrases “Manufactured by”, “Produced by”, “Blended by”, “Rectified by”, “Made by”, “Bottled by”, “Packed by", or "Shipped by", respectively.
(1) If the wine is bottled or packed in the United States, there shall be stated, in addition, the name of the bottler or packer and the place where bottled or packed immediately preceded by the words “Bottled by" or "Packed by."
(2) If the wine is blended, bottled, or packed in a foreign country other than the country of origin and the country of origin is stated or otherwise indicated on the label, there shall also be stated the name of the bottler, packer, or blender, and the place where bottled, packed, or blended, immediately preceded by the words “Bottled by”, “Packed by”, “Blended by”, or other appropriate statement.
(6) Form of address. The place” stated shall be the post-office address, except that the street address may be omitted. No additional places or addresses shall be stated for the same person unless (1) such person is actively engaged in the conduct of an additional bona fide and actual alcoholic beverage business at such additional place or address, and (2) the label also contains in direct conjunction therewith, appropriate descriptive material indicating the function occurring at such additional place or address in connection with the particular product.
(d) Trade names. The trade name of any permittee appearing upon any label shall be identical with the name in which his basic permit is issued by the Administrator.**
4.36 Alcoholic content. (a) Alcoholic content shall be stated in the case of wines containing more than 14 percent of alcohol by volume, and, in the case of wines containing less than 14 percent of alcohol by volume, the alcoholic content may, but need not, be stated. Any statement of alcoholic content shall be made as prescribed in (b) of this section:
(b) Alcoholic content shall be stated in per centum of alcohol by volume, and not otherwise, as provided in either subparagraph (1) or (2) of this section:
(1) "Alcohol ----% by volume.” Alcoholic content when stated in the foregoing manner, shall be within an accuracy of one degree either above or below such percentage statement. (2) "Alcohol --% to -----% by volume.”
Alcoholic content, when stated in the foregoing manner, shall be stated by a minimum and maximum percentage, with a range of not more than two degrees, and no tolerances will be permitted either below such minimum or above such maximum.**
4.37 Net contents. (a) Except as provided in paragraph (b) the net contents shall be stated as follows:
(1) If 1 pint, 1 quart, or 1 gallon, the net contents shall be so stated.
**For statutory and source citations, see note to § 4.20.
(2) If less than a pint, the net contents shall be stated in fractions of a pint, or in fluid ounces.
(3) If more than a pint, but less than a quart, the net contents shall be stated in fractions of a quart, or in pints and fluid ounces.
(4) If more than a quart, but less than a gallon, the net contents shall be stated in fractions of a gallon, or in quarts, pints, and fluid ounces.
(5) If more than a gallon, the net contents shall be stated in gallons and fractions thereof.
(b) If the metric system of measure is employed, the following units, and none other, may be used : 12 liter, 1 liter, 112 liter.
(c) All fractions shall be expressed in their lowest denomination.
(d) The net contents need not be stated on any label if the net contents are displayed by having the same blown or branded in the container on the same side of the container as the brand label, in letters or figures in such manner as to be plainly legible under ordinary circumstances, and such statement is not obscured in any manner in whole or in part.
(e) Statement of net contents shall indicate exactly the volume of wine within the container, except that the following tolerances shall be allowed:
(1) Discrepancies due exclusively to errors in measuring which occur in filling conducted in compliance with good commercial practice.
(2) Discrepancies due exclusively to differences in the capacity of containers, resulting solely from unavoidable difficulties in manufacturing such containers so as to be of uniform capacity: Provided, That no greater tolerance shall be allowed in case of containers which, because of their design, cannot be made of approximately uniform capacity than is allowed in case of containers which can be manufactured so as to be of approximately uniform capacity.
(3) Discrepancies in measure due to differences in atmospheric conditions in various places and which unavoidably result from the ordinary and customary exposure of alcoholic beverages in containers to evaporation. The reasonableness of discrepancies under this paragraph shall be determined on the facts in each case.
(f) Unreasonable shortages in certain of the containers in any shipment shall not be compensated by overages in other containers in the same shipment.**
4.38 General requirements-(a) Contrasting background. All labels shall be so designed that all the statements thereon required by S8 4.30–4.39 are readily legible under ordinary conditions, and all such statements shall be on a contrasting background.
(b) Size of type. All statements required on labels by SS 4.30– 4.39 shall be in readily legible script, type, or printing not smaller than 8-point gothic caps except that if contained among other descriptive or explanatory reading matter, the script, type, or printing of all required material shall be of a size substantially more conspicuous than such other descriptive or explanatory reading matter: Provided, That in the case of labels on containers having a capacity of less than one-half pint, such script, type, or printing
**For statutory and source citations, see note to $ 1.20.
thereon need not be in 8-point gothic caps, but shall be readily legible under ordinary conditions.
(c) English language. All mandatory label information shall be stated on labels in the English language: Provided, That the brand name, the place of production, and the name of the manufacturer, producer, blender, rectifier, maker, bottler, packer, or shipper appearing on the label need not be in the English language if the words "Product of” immediately precede the name of the country of origin stated in accordance with customs' requirements. Additional statements in foreign languages may be made on labels, if no such statements in any way conflict with, or are contradictory to, the requirements of $$ 4.30-4.39.
(d) Location of label. No label, other than stamps authorized or required by the United States Government or any State or foreign government, shall be affixed over the mouths of containers of wine, and no label shall obscure any such stamps or be obscured thereby.
(e) Labels firmly affixed. All labels shall be affixed to containers of wine in such manner that they cannot be removed without thorough application of water or other solvents.
(f) Additional information on labels. Labels may contain information other than the mandatory label information required by $$ 4.30 4.39, provided such information complies with the requirements of such sections and does not conflict with, nor in any manner qualify statements required by, any regulations promulgated under the Act.
(g) Representations as to materials. If any representation (other than representations or information required by $$ 4.30-4.39) is made as to the presence, excellence, or other characteristic of any ingredient in any wine, or used in the production thereof, the label containing such representation shall state, in print, type, or script, substantially as conspicuous as such representation, the name and amount in percent by volume of each such ingredient.
(h) Statement of contents of containers. Upon request of the Administrator, there shall be submitted to him a full and accurate statement of the contents of the containers to which labels are to be or have been affixed.**
4.39 Prohibited practices-(a) Statements on labels. Containers of wine, or any label on such containers, or any individual covering, carton, or other wrapper of such container, or any written, printed, graphic, or other matter accompanying such container to the consumer shall not contain
(1) Any statement that is false or untrue in any particular, or that, irrespective of falsity, directly or by ambiguity, omission, or inference, or by the addition of irrelevant, scientific, or technical matter, tends to create a misleading impression.
(2) Any statement that is disparaging of a competitor's products.
(3) Any statement, design, device, or representation which is obscene or indecent.
(4) Any statement, design, device, or representation of or relating to analyses, standards, or tests, irrespective of falsity, which the Administrator finds to be likely to mislead the consumer.
**For statutory and source citations, see note to § 4.20.
(5) Any statement, design, device, or representation of or relating to any guaranty, irrespective of falsity, which the Administrator finds to be likely to mislead the consumer.
(6) A trade or brand name that is the name of any living individual of public prominence, or existing private or public organization, or is a name that is in simulation or is an abbreviation thereof, or any graphic, pictorial, or emblematic representation of any such individual or organization, if the use of such name or representation is likely falsely to lead the consumer to believe that the product has been endorsed, made, or used by, or produced for, or under the supervision of, or in accordance with the specifications of, such individual or organization; Provided, That this paragraph shall not apply to the use of the name of any person engaged in business as a producer, blender, rectifier, importer, wholesaler, retailer, bottler, or warehouseman of wine, nor to the use by any person of a trade or brand name that is the name of any living individual of public prominence or existing private or public organization, provided such trade or brand name was used by him or his predecessors in interest prior to August 29, 1935.6
(b) Statement of age. No statement of age or representation relative to age (including words or devices in any brand name or mark) shall be made, except that
(1) In the case of domestic vintage wine bottled or packed in containers by the permittee who crushed the grapes, fermented the must, and clarified such wine, the year of vintage may be stated but only if there is likewise stated on the brand label, in direct conjunction with the class, type, or distinctive designation, and in lettering substantially as conspicuous as such designation, the name of the viticultural area in which the grapes were grown and the wine fermented.
(2) In the case of domestic vintage wine rebottled in containers of a capacity of 1 gallon or less by a person other than the producer thereof, the year of vintage may be stated but only if the container from which such wine is bottled is the original container of the permittee who produced such wine, and such container bears upon the brand label thereof a vintage date. If the year of vintage is stated upon the brand label of wine so rebottled, there shall also be stated the name of the viticultural area, and the class, type, or distinctive designation of the wine, in the same manner and form as such statements appear on the brand label of the original container.
(3) In the case of imported vintage wine, the year of vintage may be stated if such wine was bottled prior to importation in containers of 1 gallon or less.
(c) Statement of bottling dates. The statement of any bottling date shall not be deemed to be a representation relative to age, if such
• Under (5) the Administrator has permitted the use of statementsi in substantially the following form: “We will refund the purchase price to the purchaser if he is in any manner dissatisfied with the contents of this package.
(Name of permittee making statement) (See & 5.41 (a) (5))
statement appears in lettering not greater than 8-point gothic caps and in the following form: "Bottled in (inserting the year in which the wine was bottled).
(d) Use of the word "old." The use of the word "old" or other word denoting age, as part of the brand name, shall not be deemed to be a representation relative to age, if the word “brand” appears in direct conjunction with such brand name, in letters of equally conspicuous color and at least one-half the size of the lettering in which such brand name is printed.
(e) Statement of miscellaneous dates. No date, except as provided in paragraphs (b) and (c) with respect to statement of vintage year and bottling date, shall be stated on any label unless in addition thereto and in direct conjunction therewith, in the same size and kind of printing, there shall be stated an explanation of the significance of such date: Provided, That if any date refers to the date of establishment of any business, such date shall not be stated in the case of containers of a capacity of 1 gallon or less in any printing, type, or script, larger than 8-point gothic caps, and shall only be stated in direct conjunction with the name of the person to whom it refers.
(f) Simulation of Government stamps. (1) No labels shall be of such design as to resemble or simulate a stamp of the United States Government or any State or foreign government. No label, other than stamps authorized or required by the United States Government or any State or foreign government, shall state or indicate that the wine contained in the labeled container is produced, blended, bottled, packed, or sold under, or in accordance with, any municipal, State or Federal Government authorization, law, or regulation, unless such statement is required or specifically authorized by Federal, State or municipal law or regulation, or is required or specifically authorized by the laws or regulations of a foreign country. If the municipal, State, or Federal Government permit number is stated upon a Tabel, it shall not be accompanied by any additional statement relating thereto.
(2) Bonded winery and storeroom numbers may be stated but only in direct conjunction with the name and address of the person operating such winery or storeroom. Statement of bonded winery or storeroom numbers may be made in the following form: “Bonded Winery No. “B. W. No. .”, “Bonded Storeroom No. “B. S. No. ." No additional reference thereto shall be made, nor shall any use be made of such statement that may convey the impression that the wine has been made or matured under Government supervision or in accordance with Government specifications or standards.
(g) Use of the word “Importer", or similar words. The word "Importer”, or similar words, shall not be stated on labels on containers of domestic wine except as part of the bona fide name of a permittee for or by whom, or of a retailer for whom, such wine is bottled or packed: Provided, That in all cases where such words are used as part of such name, there shall be stated on the same label the words "Product of the United States”, or similar words to negative